A DUI crash never really ends at the scene.
If a drunk driver rear-ends another car, there are actually two separate legal proceedings occurring behind the scenes. One is the criminal prosecution filed by the state against the drunk driver. The second is the civil lawsuit filed by the victim seeking monetary compensation.
Jobs matter. Politics matter. They happen simultaneously. And most people have no idea how either of them work…
Here’s the truth:
The criminal case will prosecute the driver. The criminal case will not pay the victim’s medical expenses. That is what civil proceedings are for, and that is where personal injury claims happen.
This article breaks down exactly what happens on both sides after a DUI collision.
What’s inside this guide:
- The Real Cost of DUI Collisions In The US
- The Criminal Side Of A DUI Crash
- Injury Settlement Claims Explained
- Criminal vs Civil Cases — How They Work Together
- Damages You Can Recover After A DUI Crash
- Common Mistakes Victims Make
The Real Cost of DUI Collisions In The US
Drunk driving is still one of the deadliest problems on American roads.
Over 11,904 people died in alcohol-impaired crashes in the United States in 20 24. One person approximately every 44 minutes. The economic impact is equally staggering — driving under the influence costs roughly $58 billion USD annually from the US economy.
Behind those numbers are real people. Victims face hospital bills, lost wages, surgeries, rehabilitation and a long journey back to normalcy.
That’s why representation by experienced personal injury attorneys can help so much following a DUI wreck. They deal with the civil aspect of injury settlement claims and let prosecutors deal with the criminal aspect of the case. This allows the victim to focus on recovery.
The Criminal Side Of A DUI Crash
The criminal case is run by the state.
The prosecutor — not the victim — brings the charges and makes decisions about how to pursue the case. The objectives of the criminal case are fairly straightforward:
Punish the driver and protect the public.
Depending on state and severity of damage inflicted, charges against a DUI driver may include:
- DUI / DWI
- Aggravated DUI
- Vehicular assault
- Vehicular manslaughter
- Reckless driving causing injury
Penalties for these offenses are severe. You could be facing jail time, suspension of license, heavy fines, mandatory rehabilitation and having to have an ignition interlock device installed on your vehicle.
Let someone get killed and now you are up hill looking at serious charges. Vehicular manslaughter can land you years (even decades) behind bars.
FYI: The victim will generally be called as a witness in the criminal matter. However, the criminal court is not going to write the victim a check for medical expenses. That’s not it’s purpose.
Injury Settlement Claims Explained
This is where most victims actually get help.
An injury settlement claim is made by the victim against the drunk driver (and usually their insurance company). The objective is entirely different from the criminal case:
Recover money for what the victim has lost.
Here’s how injury settlement claims usually move forward:
- The victim hires an attorney
- The attorney investigates the crash and gathers evidence
- A demand letter is sent to the insurance company
- Negotiations begin
- A settlement is reached — or a lawsuit is filed
The majority of injury settlement claims are resolved before they even get to court. Insurance companies realize DUI claims don’t look good for them and prefer to settle quietly.
But here’s the kicker…
Insurance adjusters will almost invariably low-ball you. Knowing what to expect from a settlement makes a huge difference here. Without competent legal representation, victims typically settle for pennies on the dollar.
Criminal vs Civil Cases — How They Work Together
Many people confuse the two. While they are entirely separate cases, they relate to each other.
| Criminal Case | Civil Case |
|---|---|
| Filed by the state | Filed by the victim |
| Punishes the driver | Recovers money for the victim |
| Beyond a reasonable doubt | Preponderance of evidence |
| Jail, fines, license loss | Settlement or jury award |
Here’s why this matters:
The burden of proof is lower in civil court. This means a driver can be found “not guilty” in criminal court.. but still be liable in the civil lawsuit.
The OJ Simpson case is the poster child for this. But it happens all the time in DUI collisions. Criminal acquittal doesn’t end a civil claim.
Damages You Can Recover After A DUI Crash
Victims involved in DUI accidents can collect many different types of damages through injury settlement claims. Typically, these include:
- Medical bills — current and future treatment costs
- Lost wages — income missed during recovery
- Loss of earning capacity — if injuries reduce future earnings
- Pain and suffering — physical and emotional harm
- Property damage — repair or replacement of the vehicle
- Punitive damages — extra damages meant to punish the drunk driver
Jurors awarding punitive damages in DUI cases. As society has come to view drunk driving as incredibly reckless behavior, jurors have been imposing large punitive awards along with actual damages. Seeing as there were 804,926 DUI arrests in 20ʼ24, courts are sending a message.
Common Mistakes Victims Make
DUI crash victims are often distraught and confused. Don’t worry. That’s normal. However, common mistakes that weaken claims can destroy an otherwise valid case.
Avoid these at all costs:
- Giving a recorded statement to the other driver’s insurance company
- Accepting the very first settlement offer
- Posting about the crash on social media
- Missing medical appointments
- Waiting too long to hire an attorney
Every state has a statute of limitations for injury settlement claims. Wait too long and your case can be thrown out before it even begins.
Another big mistake?
Assuming the criminal case will handle all of it. It won’t. Criminal case addresses punishment for the driver. Civil case addresses compensation for the victim. Two separate paths. Two separate objectives.
Final Takeaway
DUI collisions cause damage that reaches way beyond the crash scene.
On one hand, the state prosecutes the driver with criminal charges. On the other hand, the victim can exercise their right to pursue injury settlement claims to recoup their losses. This includes medical expenses, lost wages, pain and suffering and more.
To quickly recap:
- Criminal cases are filed by the state and aim to punish the driver
- Civil cases are filed by the victim and aim to recover money
- Both cases can run at the same time
- The standard of proof is different in each one
- Punitive damages are common in DUI civil cases
- Mistakes after the crash can cost victims thousands
Learning how both sides operate is your first true step in knowing you can receive fair compensation from a DUI wreck. With competent counsel on your side, the legal aftermath of your accident can become your road to recovery, not another battle.